[Federal Register: January 2, 1997 (Volume 62, Number 1)]
[Notices]
[Page 111-113]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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DEPARTMENT OF LABOR
[Secretary's Order 6-96]


Delegation of Authority and Assignment of Responsibility to the
Assistant Secretary for Occupation Safety and Health

December 27, 1996.
    1. Purpose. To delegate authority and assign responsibility to the
Assistant Secretary for Occupational Safety and Health.
    2. Directives Affected. This Order repeals and supersedes
Secretary's Order 1-90 (Occupational Safety and Health). In addition,
this Order cancels Secretary's Orders 6-94 (previously superseded in
part by Secretary's Order 1-96) and 1-96.
    3. Background. This Order, which repeals and supersedes Secretary's
Order 1-90, constitutes the generic Secretary's Order for the
Occupational Safety and Health Administration. Specifically, this
Order, in conjunction with Secretary's Order 5-96, effects an exchange
of particular authorities and responsibilities between the Assistant
Secretary for Employment Standards and the Assistant Secretary for
Occupational Safety and Health. The exchange was tested in a pilot
project for Region VI established by Secretary's Order 6-94 (extended
by Secretary's Order 1-96), that granted these Assistant Secretaries
limited concurrent authority to enforce certain laws establishing labor
standards affecting field sanitation and migrant housing, which had
been delegated to the Occupational Safety and Health Administration
(OSHA) under Secretary's Order 1-90, and certain environmental and
public health-related whiteblower protection laws, which had been
delegated to the Employment Standards Administration (ESA) under
Secretary's Order 1-93. The pilot project resulted in a determination
that the respective agencies would make better

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use of their program expertise, and, therefore, that the Department of
Labor would more effectively and efficiently utilize its resources, by
a permanent transfer of specific enforcement activities between the
Assistant Secretaries for OSHA and ESA.
    Accordingly, this Order grants the Assistant Secretary for OSHA
authority to investigate and resolve allegations of discriminatory
actions taken by employers against employees in violation of the
following statutory whitleblower protection provisions: (1) Section
1450(i) of the Safe Drinking Water Act, 42 U.S.C. 300j-9(i); (2)
Section 211 of the Energy Reorganization Act of 1974, as amended, 42
U.S.C. 5851; (3) Section 110(a)-(d) of the Comprehensive Environmental
Response Compensation and Liability Act of 1980, 42 U.S.C. 9610(a)-(d);
(4) Section 507 of the Federal Water Pollution Control Act, 33 U.S.C.
1367; (5) Section 23 of the Toxic Substances Control act, 15 U.S.C.
2622; (6) Section 7001 of the Solid Waste Disposal Act, 42 U.S.C. 6971;
and (7) Section 322 of the Clean Air Act, 42 U.S.C. 7622. (See
subparagraphs 4.a. (1)(l)-(r) of this Order.) Secretary's Order 5-96
grants the Assistant Secretary for ESA authority under the Occupational
Safety and Health Act of 1970, 29 U.S.C. 651 et seq., to enforce
compliance by agricultural employers with, and to develop and issue
compliance interpretations regarding, the standards on: (1) Field
sanitation, 29 C.F.R. 1928.110; and (2) temporary labor camps, 29
C.F.R. 1910.142, as described in subparagraph 4.a.(2)(b) of this Order.
(See subparagraph 4.a. (2) of this Order).
    All other authority and responsibility set forth in this Order were
delegated or assigned previously to the Assistant Secretary for OSHA in
Secretary's Order 1-90, and this Order continues those delegations and
assignments in full force and effect, except as expressly modified
herein.
    4. Delegation of Authority and Assignment of Responsibility.
    a. The Assistant Secretary for Occupational Safety and Health
    (1) The Assistant Secretary for Occupational Safety and Health is
delegated authority and assigned responsibility for administering the
safety and health programs and activities of the Department of Labor,
except as provided in subparagraph 4.a.(2) below, under the designated
provisions of the following statutes:
    (a) The Occupational Safety and Health Act of 1970, 29 U.S.C. 651
et seq.
    (b) The Walsh-Healey Public Contracts Act of 1936, as amended, 41
U.S.C. 35, 37-41, 43-45.
    (c) The McNamara-O'Hara Service Contract Act of 1965, as amended,
41 U.S.C. 351-354, 356-357.
    (d) The Contract Work Hours and Safety Standards Act, as amended,
40 U.S.C. 329, 333.
    (e) The Maritime Safety Act of 1958, 33 U.S.C. 941.
    (f) The National Foundation on the Arts and the Humanities Act of
1965, 20 U.S.C. 954(i)(2).
    (g) 5 U.S.C. 7902 and any Executive Order thereunder.
    (h) Executive Order 12196 ("Occupational Safety and Health
Programs for Federal Employees") of February 26, 1980.
    (i) 49 U.S.C. 31105, the whistleblower provision of the Surface
Transportation Assistance Act of 1982.
    (j) Section 211 of the Asbestos Hazard Emergency Response Act of
1986, 15 U.S.C. 2651.
    (k) Section 7 of the International Safe Container Act, 46 U.S.C.
App. 1505.
    (l) Section 1450(i) of the Safe Drinking Water Act, 42 U.S.C. 300J-
9(i).
    (m) Section 211 of the Energy Reorganization Act of 1974, as
amended, 42 U.S.C. 5851.
    (n) Section 110 (a)-(d) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 U.S.C. 9610 (a)-
(d).
    (o) Section 507 of the Federal Water Pollution Control Act, 33
U.S.C. 1367.
    (p) Section 23 of the Toxic Substances Control Act, 15 U.S.C. 2622.
    (q) Section 7001 of the Solid Waste Disposal Act, 42 U.S.C. 6971.
    (r) Section 322 of the Clean Air Act, 42 U.S.C. 7622.
    (s) Responsibilities of the Secretary of Labor with respect to
safety and health provisions of any other Federal statutes except those
related to mine safety and health, the issuance of child labor
hazardous occupation orders, and Department of Labor employee safety
and health, which are administered pursuant to Secretary's Orders 3-78,
5-96, and 5-95, respectively.
    (2) The authority of the Assistant Secretary for Occupational
Safety and Health under the Occupational Safety and Health Act of 1970
does not include authority to conduct inspections and investigations,
issue citations, assess and collect penalties, or enforce any other
remedies available under the statute, or to develop and issue
compliance interpretations under the statute, with regard to the
standards on:
    (a) field sanitation, 29 CFR 1928.110; and
    (b) temporary labor camps, 29 CFR 1910.142, with respect to any
agricultural establishment where employees are engaged in
"agricultural employment" within the meaning of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3),
regardless of the number of employees, including employees engaged in
hand packing of produce into containers, whether done on the ground, on
a moving machine, or in a temporary packing shed, except that the
Assistant Secretary for Occupational Safety and Health retains
enforcement responsibility over temporary labor camps for employees
engaged in egg, poultry, or red meat production, or the post-harvest
processing of agricultural or horticultural commodities.
    Nothing in this Order shall be construed as derogating from the
right of States operating OSHA-approved State plans under 29 U.S.C. 667
to continue to enforce field sanitation and temporary labor camp
standards if they so choose. The Assistant Secretary for OSHA retains
the authority to monitor the activity of such States with respect to
field sanitation and temporary labor camps. Moreover, the Assistant
Secretary for OSHA retains all other agency authority and
responsibility under the Occupational Safety and Health Act with regard
to the standards on field sanitation and temporary labor camps, such as
rulemaking authority.
    (3) The Assistant Secretary for Occupational Safety and Health is
also delegated authority and assigned responsibility for:
    (a) Serving as Chairperson of the Federal Advisory Council on
Occupational Safety and Health, as provided for by Executive Order
12196.
    (b) Coordinating Agency efforts with those of other officials or
agencies having responsibilities in the occupational safety and health
area.
    b. The Assistant Secretary for Occupational Safety and Health and
the Assistant Secretary for Employment Standards are directed to confer
regularly on enforcement of the Occupational Safety and Health Act with
regard to the standards on field sanitation and temporary labor camps
(see subparagraph 4.a. (2) of this Order), and to enter into any
memoranda of understanding which may be appropriate to clarify
questions of coverage which arise in the course of such enforcement.
    c. The Chief Financial Officer is assigned responsibility, in
accordance with applicable appropriations enactments, for assuring that
resources associated with the programs and functions of the Employment
Standards Administration are reallocated and transferred to OSHA, as
appropriate, in an orderly and equitable manner.

[[Page 113]]

    d. The Assistant Secretary for Administration and Management is
assigned responsibility to assure that any transfer of resources
effecting this Order is fully consistent with the budget policies of
the Department and that consultation and negotiation, as appropriate,
with representatives of any employees affected by this exchange of
responsibilities is conducted. The Assistant Secretary for
Administration and Management is also responsible for providing or
assuring that appropriate administrative and management support is
furnished, as required, for the efficient and effective operation of
these programs.
    e. The Solicitor of Labor shall have the responsibility for
providing legal advice and assistance to all officers of the Department
relating to the administration of the statutory provisions and
Executive Orders listed above. The bringing of legal proceedings under
those authorities, the representation of the Secretary and/or other
officials of the Department of Labor, and the determination of whether
such proceedings or representations are appropriate in a given case,
are delegated exclusively to the Solicitor.
    f. The Commissioner of Labor Statistics is delegated authority and
assigned responsibility for:
    (1) Furthering the purpose of the Occupational Safety and Health
Act by developing and maintaining an effective program of collection,
compilation, analysis, and publication of occupational safety and
health statistics consistent with the provisions of Secretary's Orders
4-81 and 5-95.
    (2) Making grants to states or political subdivisions thereof in
order to assist them in developing and administering programs dealing
with occupational safety and health statistics under Sections 18, 23,
and 24 of the Occupational Safety and Health Act.
    (3) Coordinating the above functions with the Assistant Secretaries
for Occupational Safety and Health and Employment Standards.
    5. Reservation of Authority and Responsibility.
    a. The submission of reports and recommendations to the President
and the Congress concerning the administration of the statutory
provisions and Executive Orders listed in subparagraph 4.a. above is
reserved to the Secretary.
    b. The commencement of legal proceedings under the statutory
provisions listed in subparagraph 4.a. above, except proceedings before
Department of Labor administrative law judges and the Administrative
Review Board under 49 U.S.C. 31105 (the whistleblower provision of the
Surface Transportation Assistance Act), is reserved to the Secretary.
The Solicitor will determine in each case whether such legal
proceedings are appropriate and may represent the Secretary in
litigation as authorized by law.
    c. Nothing in this Order shall limit or modify the delegation of
authority and assignment of responsibility to the Administrative Review
Board by Secretary's Order 2-96 (April 17, 1996).
    6. Redelegation of Authority. The Assistant Secretary for
Occupational Safety and Health, the Chief Financial Officer, the
Assistant Secretary for Administration and Management, the Solicitor of
Labor, and the Commissioner of Labor Statistics may redelegate
authority delegated in this Order.
    7. Effective Date. This delegation of authority and assignment of
responsibility shall be effective on February 3, 1997.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 96-33366 Filed 12-31-96; 8:45 am]
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